Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Labour, Employment and Health,
Having regard to the Constitution, including article 38;
Considering Regulation (EC) No 850/2004 of the European Parliament and Council of 29 April 2004 concerning persistent organic pollutants and amending Directive 79/117/EEC;
Having regard to Regulation (EC) No. 842/2006 of the European Parliament and the Council of 17 May 2006 on certain fluorinated greenhouse gases;
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, assessment and authorization of chemical substances and the restrictions applicable to such substances (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 of the Council and Regulation (EC) No. 1488/94 of the Commission as well
Considering Regulation (EC) No. 689/2008 of the European Parliament and the Council of 17 June 2008 concerning the export and import of dangerous chemicals;
Considering Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
Considering Regulation (EC) No. 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer;
Having regard to Directive 98/8/EC of the European Parliament and the Council of 16 February 1998 on the marketing of biocide products;
Vu le Labour code ;
Vu le Public Health Code ;
Considering the environmental code;
Vu la Act No. 2011-12 of 5 January 2011 bringing various provisions for adaptation to European Union law, including Article 3;
Having regard to the advice of the Council on working conditions of 26 February 2010;
The State Council (Social Section) heard;
The Council of Ministers heard,
Order:
The working code is thus modified:
1° In the title I of Chapter I of Book IV of Part IV and Articles L. 4411-1, L. 4411-2, L. 4411-5 and L. 4411-7, the words "dangerous preparations", "dangerous preparations" and "dangerous preparation" are replaced respectively by the words "dangerous mixtures", "mixes" and "a dangerous mixture";
2° Section L. 4411-3 is replaced by the following provisions:
"Art. L. 4411-3. - The manufacture, marketing, use of substances, such as or contained in mixtures or articles, and the marketing of mixtures are subject to the provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, assessment and authorization of chemical substances and the restrictions applicable to these substances (REACH) and to the provisions of the Regulation (EC) No 127 » ;
3° In article L. 4411-4, the words "dangerous preparations intended to be used" are replaced by the words "dangerous mixtures intended to be used";
4° In Article L. 4411-6, the words "dangerous preparations" and "preparations" are replaced by the words "dangerous mixtures" and "mixes" respectively;
5° In Article L. 4411-6, after the word: "specified" are added the words: "by Regulation (EC) No 1272/2008 of the European Parliament and the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures and".
The Public Health Code is amended to read:
1° Before chapter I of Part I, title IV, of Part I, a preliminary chapter is inserted as follows:
“Preliminary Chapter
“Section 1
" Definitions
"Art. L. 1340-1. - For the purposes of this title, the definitions of the terms used are those contained in Article 2 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 relating to the classification, labelling and packaging of substances and mixtures. » ;
2° In the title of chapter I of title IV of Book III of Part I, the word "preparing" is replaced by the words "substance or mixture";
3° Section L. 1341-1 is replaced by the following provisions:
"Art. L. 1341-1. - Manufacturers, importers or downstream users of any substance or mixture shall, as soon as they receive the request, communicate to the bodies responsible for toxicovigilance and to the body referred to in Article L. 4411-4 of the Labour Code the information, defined by decree in the Council of State, necessary for the prescription of preventive and curative measures, especially in the case of a health emergency.
"Manufacturers, importers, downstream users or distributors report to the bodies responsible for toxicovigilance the cases of human poisoning induced by this substance or mixture of which they are aware and keep the relevant information. » ;
4° In article L. 1341-2, the word "preparing" is replaced by the words "any mixture";
5° In the title of chapter II of title IV of Book III of Part I, the words "dangerous preparations" are replaced by the words "dangerous mixtures";
6° Article L. 1342-1 is amended as follows:
(a) The first paragraph is replaced by the following:
"Authors or downstream users who put on the market mixtures classified as hazardous because of their health effects or their physical effects establish a single declaration with all relevant information on these mixtures, including their chemical composition, including the chemical identity of substances contained in mixtures for which a request for use of a replacement chemical name was accepted by the European Chemicals Agency in accordance with Article 24 of the Regulation (EC) This statement is addressed to organizations referred to in Article L. 1341-1 for preventive and curative measures, particularly in the event of a health emergency. » ;
(b) In the second preambular paragraph, the words: "market starters" are replaced by the words: "importers or downstream users" and the words: "substances or preparations" are replaced by the word: "mixtures";
(c) In the third paragraph, the words: "persons mentioned" are replaced by the words: "importers or downstream users mentioned";
7° Section L. 1342-2 is replaced by the following provisions:
"Art. L. 1342-2. - Until 31 May 2015, hazardous substances are classified in hazard categories defined by Regulation (EC) No 1272/2008 of the Parliament and Council of 16 December 2008 and in hazard categories defined from 1° to 15° of this Article.
"Up to May 31, 2015, mixtures are classified in defined hazard categories from 1° to 15° of this article. They may also be classified as hazard categories defined by Regulation (EC) No 1272/2008 of the Parliament and Council of 16 December 2008.
« 1° Explosive: solid, liquid, pasty or gelatinous substances and mixtures that, even without atmospheric oxygen intervention, may present an exothermic reaction with rapid gas development and which, under specified test conditions, detonate, deflagrate quickly or, under the effect of heat, explode in the event of partial containment;
« 2° Combins: substances and mixtures that, in contact with other substances, including flammable substances, have a highly exothermic reaction;
« 3° Extremely flammable: liquid substances and mixtures with extremely low flashpoint and low boiling point, as well as gaseous substances and mixtures that, at room temperature and ambient pressure, are flammable to air;
« 4° Easily flammable: substances and mixtures:
“(a) Who can warm up to the point of igniting at room temperature without energy supply;
“(b) In a solid state, which can easily be ignited by a brief action of an ignition source and continue to burn or consume after the removal of this source;
"(c) In liquid state, whose flashpoint is very low;
"(d) Or, in contact with water or wet air, produce extremely flammable gases in dangerous quantities;
« 5° Inflammable: liquid substances and mixtures, whose flashpoint is low;
« 6° Very toxic: substances and mixtures that, by inhalation, ingestion or skin penetration in very small quantities, lead to death or damage to health in an acute or chronic manner;
« 7° Toxins: substances and mixtures that, by inhalation, ingestion or skin penetration in small quantities, lead to death or damage to health acutely or chronicly;
« 8° Noxious: substances and mixtures that, by inhalation, ingestion or skin penetration, may cause death or damage to health acutely or chronicly;
« 9° Corrosives: substances and mixtures that, in contact with living tissues, may exert destructive action on them;
"10° Irritants: non-corrosive substances and mixtures that, by immediate, prolonged or repeated contact with the skin or mucous membranes, may cause inflammatory reaction;
"11° Sensitizers: substances and mixtures that, by inhalation or skin penetration, can result in a hypersensitization reaction such as subsequent exposure to the substance or mixture produces characteristic adverse effects;
"l2° Cancérogenic: substances and mixtures that, by inhalation, ingestion or skin penetration, can cause cancer or increase its frequency:
“(a) Category 1: substances and mixtures that are known to be carcinogenic to humans;
“(b) Category 2: substances and mixtures for which there is a strong presumption that human exposure to such substances and mixtures may cause or increase the frequency of cancer;
"(c) Category 3: substances and mixtures of concern to humans due to possible carcinogenic effects, but for which the available information is insufficient to classify these substances and mixtures in category 2;
"13° Mutagens: substances and mixtures that, by inhalation, ingestion or skin penetration, may produce hereditary genetic defects or increase its frequency:
“(a) Category 1: substances and mixtures that are known to be mutagenic for man;
“(b) Category 2: substances and mixtures for which there is a strong presumption that human exposure to such substances and mixtures may produce hereditary genetic defects or increase its frequency;
"(c) Category 3: substances and mixtures of concern to humans due to possible mutagenic effects, but for which available information is insufficient to classify these substances and mixtures in category 2;
"14° Toxics for reproduction: substances and mixtures that, by inhalation, ingestion or skin penetration, may produce or increase the frequency of non-herited adverse effects in the offspring or affect reproductive functions or capacities:
“(a) Toxins for breeding of category 1: substances and mixtures that are known to be toxic to human reproduction;
“(b) Toxins for breeding of category 2: substances and mixtures for which there is a strong presumption that human exposure to such substances and mixtures may produce or increase the frequency of non-herited adverse effects in the offspring or affect reproductive functions or capacities;
"(c) Toxins for reproduction of category 3: substances and mixtures of concern due to possible toxic effects for reproduction, but for which available information is insufficient to classify these substances and mixtures in category 2;
"15° Environmental hazards: substances and mixtures that, if they enter the environment, would present or may present an immediate or delayed risk for one or more of its components.
"The rules for the classification, packaging and labelling of substances and mixtures are defined by Regulation (EC) No 1272/2008 of the Parliament and Council of 16 December 2008 or, as necessary, by decrees in the Council of State taken for the application of the Community directives. » ;
8° Section L. 1342-3 is replaced by the following provisions:
"Art. L. 1342-3. - The terms and conditions for the application of the provisions of this chapter shall be determined by decree in the Council of State, including the contents of the declaration referred to in Article L. 1342-1, the persons who have access to it, the conditions under which confidentiality in respect of third parties of the information covered by the industrial secret that it entails, and the conditions under which the placing on the market, the advertisement and the use of substances and mixtures that are hazardous » ;
9° Two new articles L. 1342-4 and L. 1342-5 are added:
"Art. L. 1342-4. - A decree of Ministers responsible for agriculture, consumption, the environment, industry and health classifies hazardous substances in the categories referred to in Article L. 1342-2 and sets out the reference of standard phrases to be included in the packaging. » ;
"Art. L. 1342-5. - Orders of Ministers responsible for agriculture, consumption, the environment, industry and health, taken after consultation with the High Council for Public Health, set out the terms of classification of mixtures in the categories referred to in Article L. 1342-2 and the standard phrases to be included in the packaging.
"The classification of hazardous mixtures results:
« 1° Classification of hazardous substances they contain and concentration of them;
« 2° Some kind of mix. » ;
10° In Article L. 1343-1, the words "and dangerous preparations used" are replaced by the words "or hazardous mixtures used";
11° In section L. 1343-2, the words "importer or preparation seller" are replaced by the words "an importer or user downstream of any substance or mixture";
12° Section L. 1343-4 is replaced by the following provisions:
"Art. L. 1343-4. - 1° Is punished as the offences provided for in Article L. 521-21 of the Environmental Code by importing, holding for sale or distribution on a free basis, placing on sale, selling or distributing a substance or mixture without pre-classification free of charge, in accordance with the requirements set out in Article L. 1342-2;
« 2° Is punished as the offences provided for in Article L. 521-21 of the Environmental Code by importing, holding for sale or distribution free of charge, placing on sale, selling or distributing a mixture classified as hazardous without labelling and prepackaging, in accordance with the requirements set out in Article L. 1342-2 free of charge;
« 3° A fine of 3,750 € shall be punished for an importer or a user downstream of a dangerous mixture not to comply with the provisions of Article L. 1342-1 relating to:
“– the necessary information to be provided on this mixture;
"– its participation in the conservation and use of information and its contribution to the coverage of the resulting expenditures. » ;
13° Article L. 1523-7 is amended as follows:
(a) In the second paragraph, the words "any preparation" are replaced by the words "any mixture" and the word "products" is replaced by the word "mixes";
(b) In the third paragraph, the words: "factors, importers or sellers of all preparations" are replaced by the words: "importers or users downstream of any mixture" and the word: "preparations" is replaced by the word: "mixes";
14° Article L. 5132-1 is amended as follows:
(a) The 1st is deleted;
(b) After the fifth paragraph, the following paragraph shall be added:
“In the sense of this part:”
15° Articles L. 5132-2, L. 5132-3, L. 5132-4 and L. 5132-5 are repealed;
16° The 1st of the article L. 5132-6 is thus written:
« 1° Certain substances classified as hazardous to health in accordance with Article L. 1342-2; "
The environmental code is modified as follows:
1° Article L. 521-5 is amended as follows:
(a) In the first paragraph of the I, the words: "a substance, such as or contained in a mixture or article," are replaced by the words: "a substance, such as or contained in a mixture, article, product or equipment,"
(b) In the second paragraph of I, the words: "substances, such as or contained in mixtures or articles," are replaced by the words: "substance, such as or contained in mixtures, articles, products or equipment,"
(c) In II, the words: "a substance, such as or contained in a mixture," are replaced by the words: "a substance, such as or contained in a mixture, article, product or equipment,"
2° Article L. 521-6 is amended as follows:
(a) In the first, second and fifth paragraphs of II, the word "manufactured" is deleted;
(b) The 1° of the II is thus written:
“(a) Prohibit provisionally or permanently, in whole or in part their manufacture, import, export, placing them on the market, holding them for sale or some of their uses, or order their withdrawal or recall; » ;
3° In section L. 521-8, the words "substances, such as or contained in mixtures or articles," are replaced by the words "substances, such as or contained in mixtures, articles, products or equipment,"
4° In section L. 521-10, the words: "substances, such as or contained in mixtures or articles" are replaced by the words: " Substances, such as or contained in mixtures, articles, products or equipment,"
5° In Article L. 521-11, the words "substances, such as or contained in mixtures or articles. are replaced by the words: " Substances, such as or contained in mixtures, articles, products or equipment. » ;
6° At 9° of the I of Article L. 521-12, the words: "engineers and technicians of the plant protection service" are replaced by the words: "agents in charge of plant protection under Article L. 250-2 of the rural code and of the marine fisheries";
7° Section L. 521-13 is amended as follows:
(a) In the first paragraph, the words: "substances or mixtures, or manufactured products or equipment containing them referred to in Article L. 521-1", are replaced by the words: "substance or mixtures, articles, products or equipment containing them,"
(b) In the third paragraph, the words "substances or mixtures" are replaced by the words "substances or mixtures, articles, products or equipment containing them";
(c) In the sixth paragraph, the words "substances, mixtures and articles" are replaced by the words "substances, mixtures, articles, products and equipment";
8° Section L. 521-14 is amended as follows:
(a) In the first and second sentence of the third paragraph of I, the words "substances or products" are replaced by the words "substances, mixtures, articles, products or equipment";
(b) In the first paragraph of the II, the words: "substances or mixtures, or manufactured products or equipment containing them" are replaced by the words: "substances or mixtures, articles, products or equipment containing them";
(c) In the second paragraph of paragraph II, the words: "substances, mixtures, manufactured products or equipment" are replaced by the words: " Substances, mixtures, articles, products or equipment";
(d) In the fourth paragraph of paragraph II, the words "substances, mixtures, manufactured products or equipment" are replaced by the words "substances, mixtures, articles, products or equipment";
(e) In the fifth paragraph of the second paragraph, the words "substances, mixtures, manufactured products or equipment" are replaced by the words "substances, mixtures, articles, products or equipment";
(f) In the sixth paragraph of paragraph II, the words "substances or mixtures, or manufactured products or equipment" are replaced by the words: " Substances, mixtures, articles, products or equipment";
(g) In III, the words: "substances or mixtures, or manufactured products or equipment containing them" are replaced by the words: "substances or mixtures, articles, products or equipment containing them";
9° Section L. 521-15 is amended as follows:
(a) In the first paragraph, the words "Substances, mixtures, articles, manufactured products or equipment containing them" are replaced by the words "Substances or mixtures, articles, products or equipment containing them";
(b) In the second paragraph, the words: "Substances and mixtures, articles, manufactured products or equipment" are replaced by the words: " Substances, mixtures, articles, products or equipment";
10° In section L. 521-17, the words "substance or mixtures" are replaced by the words "substance, mixtures, articles, products or equipment";
11° Article L. 521-18 is amended as follows:
(a) The 2°, 3° and 4° are replaced by the following:
« 2° Order a ban on import, manufacture or marketing or removal of the market of substances, mixtures, articles, products or equipment.
"In the event of an emergency that is justified by health or environmental risks, the administrative authority may proceed with the prohibition or withdrawal of the marketing of substances, mixtures, articles, products or equipment without any restriction referred to in Article L. 521-17;
« 3° Enjoin the importer of substances, mixtures, articles, products or equipment imported in ignorance of Regulation (EC) No. 1005/2009, Parts II, III and IV of Regulation (EC) No. 1272/2008 and Titles II, VII and VIII of Regulation (EC) No. 1907/2006 to make their return outside the territory of the European Union or to ensure their disposal under the conditions set out in Part IV. In the event of non-performance, the competent authority shall make all necessary arrangements to ensure that such return or disposal is made. The corresponding expenses are borne by the importer;
« 4° Enjoin the manufacturer of substances, mixtures, articles, products or equipment manufactured in ignorance of Regulation (EC) No 1005/2009, Titles II, III and IV of Regulation (EC) No 1272/2008 and Titles II, VII and VIII of Regulation (EC) No 1907/2006 to ensure their disposal under the conditions set out in Part IV of this book. In the event of non-performance, the competent authority shall make all the necessary provisions to ensure that the removal is carried out. The corresponding costs are borne by the manufacturer; » ;
(b) At 5°, the words: "to record a substance" are replaced by the words: "to perform the recording or to complete a record of a substance";
12° Section L. 521-21 is amended as follows:
(a) At 1° of I, the words "for the substance considered or mixtures containing it, or for manufactured products or equipment containing it", are replaced by the words "for substances considered or mixtures, articles, products or equipment containing it",
(b) At 6° of I, the words: ", hold for sale or distribution on a free basis, put on sale, sell, distribute on a free basis" are inserted after the word "import";
(c) The 7° of I is replaced by the following:
« 7° Manufacture, import, hold for sale or distribution on a free basis, place on sale, sell, distribute free of charge or use substances, mixtures or articles in ignorance of the restrictions imposed under Part VIII of Regulation (EC) No 1907/2006; » ;
(d) At 10° of I, the words: "For a manufacturer, importer or downstream user, put on the market" are replaced by the words: " Import, hold for sale or distribution on a free basis, put on sale, sell or distribute for free";
(e) At 11° of I, the words: "For a supplier, put on the market" are replaced by the words: " Import, hold for sale or distribution free of charge, put on sale, sell or distribute for free";
(f) In IV, the words "substances or mixtures" are replaced by the words "substances, mixtures, articles, products or equipment";
13° Section L. 522-1 is amended as follows:
(a) In I, the word "preparations" is replaced by the word "mixes";
(b) At 1° of the III, the words: "The following substances and preparations at the finished stage, intended exclusively for the end user" are replaced by the words: "the following substances and mixtures at the finished stage, intended exclusively for the end user";
14° In Article L. 522-14-2, after the words: "The conditions for the exercise of the activity of application as a professional function of biocide products", are added the words: "as well as the general conditions for the application and use of certain categories of biocide products";
15° At 5° and 6° of Article L. 522-16, the word "Sell" is replaced by the words: "Detain for sale or distribution on a free basis, put on sale, sale or distribution on a free basis".
The Prime Minister, the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Labour, Employment and Health are responsible for the application of this Order, which will be published in the Official Journal of the French Republic.
Done on 22 December 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of Labour,
employment and health,
Xavier Bertrand
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
